New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-26
TO HAVE HILTON SET ASIDE.


TO HAVE HILTON SET ASIDE.
THE PAPERS FILED IN THE SMITH CASE.
ASKING THE COURT TO HAVE THE EXECUTORS on
MR. sTKwARTs WILL RxMovED AND RE.
cEIvER APPorNTED-oTHER POINTS on
WHICH RELIEF Is DESIRED.
The suit which Mra Sarah N. smith, the wife Of
ex-Judge J. Lawrence Smith and . niece Of Mrs.
Cornsia N. Stewart. has begun against the
Stewart estate 10 Q much more formidable and
ramfyipg one than appeared from the earliest
news attainsbie IN the matter, which We published
in THE tribune on Saturday.
1t now appears from notice of litigation pending.
fled later yesterday In the County Clerks Office BY
Martin & Smith a. counsel for Mra Smith, that
not only is ex-Judge Hilton to be proceeded
against In the matter OF the transfer Of the
drygoods business Of A. T. Stewart msde by Mra
Conelia N. Stewart, In April, 1875. Q short time
after A. I. Stewards death, but that William Li-
bey, co-exeoutor with Mr.. Hilton under A. T. Stew.
arts will, is included In the action under tho
charge Of fraud and violation of trust the removal
Of both as executors is sought, q receiver of tho
estate Is applied for and furthermore-the removal
Of Mr. Hilton executor Of the will Of Mrs Stewart
Is next demanded, and, still further, the removal
of Charles j. ClInch ss executor under tho same
Will Is sOugnts Inc roabOnb 8uVauCe0 1Or Tue dc-
mand for the removal of Mr.. Clnch are his me
glect, refusal or inability from non-residence to
perform his duties" Mrs Smith asks that receivers
be appointed in place of both Mr.. Hilton and Mr..
Clinch.
The including OF Mr.. Ciuch in this demand is o
striking and interesting phase of the matter AS
Mrs Smith passed, In the later years at least Of
Mrs. Stewards life as that ladvs "favorite n'ece"
so Charles j. Cliuch was known among relatives and
friends of the family as the "favorte nephew" 1t
was pretty we'll understood by those whose eyesight
was good and who might have been supposed to
tavorts nsnbsw wouId orohahy sscnre the major
part OF the estate. In the will OF Mrs. Stewart with
It's earlier coGicls Mr.. Oinch shared equally with
ex-Judge Ellton. while Mrs. j. Lawrence Smith re.
ceived specific sum, small compared with that as-
signed to Mr.. Cnncb. lu the late years of Mrs.
Stewards life Mrs. Smith was found. In view IL
Is supposed of Mrs. Stewards advancing years,
close com paniou upon her aunt. The third codIcil
of Mrs Sewarfs will, dated May 81. 1882, made
Mrs. Smith an equal sharer in the estate with
Charles j. Clinch. giving to her onehaf the inter-
est befole left to the favorIts nephew aud thus
making ner with him resIduarv Iegatee.
he notice of litigation filed yesterday bears the
title.
Sarah n Smith against Henry Hilton individually and
OF the will Of the late Coruea NJ Stewart,
S o the Gnca ae corasa stewart William bsy
Anna c. Clinch Julia A Clinch Emma A. Clnch Louisa
Wehsr wdow Of ths Rev. Boo@Ssd w.
Bessie s. White. Ella b. Smith. James G. smith. Cornelia
sna SHa ns Ba,lsr ssE aa.@s S1s Butler: Lillian swsn the
Cathedral OF the Incarnation Of the Diocese Of Long
Island, Henry Hilton aud william Lbbey executors
OF the estate of Alexander T. stewart, ana Henry H
ton as trustee.
Court. Its object is set forth as being to compel
the restoration to the estate Of COrneiia NJ Stewart
of certain property wrongfally appropriated ana
converted by the defendants, Henry Hilton ana
William Libbev to their respective uses. and to pro.
cure. substantially. the following relief:
FirstTo have the bill Of sale of the property Of the
firm OF A. stewart 4 Co. executed cy Sorneiis y;
Henry Hilton with the aid and conniyance Of the said
said cornes NJ stewart by fraud Without
and in vO0o Of TN the duty OH o. the % .sd MSh o s
said A T. Stewart aud In disregard OF his duty
Ss ns w aH close and wind
the partnership business and the Affairs OF A. I.
secOnd-To have decreea that Henry Hilton BY mean:
Of this bill Of sale acquired no right title or interest OF
Corpea Stewart In the hrm save as agent and ator"
ney OF Mrs. Stewart and for her benefit.
Third-To restrain Messrs Hilton and Ii bbey or theif
agents from selling or in any way dsposinE OF or inter.
whereof Mrs. stewart died seized.
FOnrthro have reoeiveror receivers OF the property
have Henry Hilton adjSdsed to render Ss an y,
to Ss ey.s 70 q them an 'n
siIth-To have the real estate mentioned In accom-:
panynx schedules sdudged part of the real estate OF
sevenh-rhe property to be distributed according 10
Eirhth~to remove Henry Hilton as executor OF Mrs.
Stewards will "by Of fraud md spostion cons
Cnc6 removed a. executor ~ of neglect refusal
or inability, from to perform the duties as
cever receivers appointed place Of Messrs Hiton
Al Sinth~To oO have Henry Hilton and william tpbey re-
moved as executors OF the will OF A. I. Stewart
The real estate referred to under the sixth head
embraces lots aud houses at or near thirty Ifourta
Nos Nos 1877 and i3e Prnce-st, Thirty ,thlrd-st. and
NLsty-fourtli.sr. aud Fourth and Filth aves,
Thirty y-fourth-st and S,xth-aye.. Fwenty.fourth-
ct. and Fifth-ave. Depau Row IN Bleecker-st.'
At. and Fourth-ave, One-huudred. and -eleventh-st
aud Madison-ave. Eighty-frst-st. and Second-aye.'
One hundred ed-and-thirteenth.st; and tourth-ave;;
Fourth-ave. two lots, seventy,second-st, and
NInth-ave., EIghty-sixth.st and First-ave. lot IA
estate Of Clement Moore SinsS.
fffh-st. and Fifth-ave., Ninety -second-st. ana
Fifth-avs. two lots One-hundred- and fourteenth
ave. CfouT LOTS, Sevsaty-sevcnth-st and Fourth
ave- Ono hundred spd-eleventh-st. and Thrd-ave.s
ne-hundred-and-eighth-st ana 9r ro99rta-svss,, svs
twenty-third-st. and First NinesyISecond -st'
and Fifth-ave. sevenfy-ninth-st. and Eirst-ave.'
Ons-hundred- aud -twenyt and sFirst-svs.'
and Une-hundred -and-t wenty / third-st an Avenue
A, two lots at Kinesbridge conveyed oy Z. 3.
place. the old Globe Theatre properly, No& 81 33.
55. 81 and 80 Lafayette place, No. 726 Broadway
two houses. one at No. 13i Crosby-st. aud one at
No g Jersey ST. in all thirty-pme lots.
Charles J. Clinch had been living 10 Paris mp Ia
the time of Mrs stewards death. He then came to
this country and again soon went back 70 faris.
lie has agaIo returned to this city recently It was
understood that suite of rooms had been htted
M tor him at tho Metropolitan Hotel. Rumor also
mansion at Thirty -fourth-st and Fifth-ave. would
rup cuyc A on . D pVIP PCLELSED